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Provision # 1.

Prohibition of Employment of Young Children


[Section 67]:
A child who has not completed his fourteenth year is prohibited from
working in any factory. Under any circumstances, whatsoever, no
exemption even in case of emergency can be allowed to overcome the
provisions of this section.

This is an absolute prohibition and admits of no exception. It is the


duty of the employer to ascertain the age of the children whom he
allows to work in his factory. He cannot depend on the statement of
the applicant.

A child is a person who has not completed his fifteenth year of age.
As this section applies only to children below 14 years, it has
obviously no application to children between the age of 14 and 15.

Provision # 2. Non-Adult Workers to Carry Tokens [Section


68]:
A child who has completed his fourteenth year or an adolescent shall
not be required or allowed to work in any factory unless he is given a
certificate of fitness by a competent certifying surgeon. Such a
certificate shall be in the custody of the manager of the factory. The
young person shall carry while he is at work a token giving a
reference to such a certificate.

The object of section 68 is to prevent the exploitation of the young


labour force.
Provision # 3. Certificate of Fitness [Section 69]:
The certificate of fitness is granted by a certifying surgeon on the
application of young person or a guardian. The application must be
accompanied by a document signed by the manager of a factory that
the young person will be employed therein if certified to be fit for
work in a factory.

The application for the grant of the certificate of fitness can also be
made by the manager of the factory in which the young person
wishes to work. The certifying surgeon shall examine the young
person and ascertain his fitness for work in a factory.

If the certifying surgeon is satisfied, he may grant or renew


to such young person in the prescribed form:
(a) A certificate of fitness to work in factory as a child, provided he
has completed his fourteenth year, has attained the prescribed
physical standards and is fit for such work;

(b) A certificate of fitness to work in a factory as an adult, provided he


has completed his fifteenth year and is fit for a full day’s work in a
factory.

Provision # 4. Effect of Certificate of Fitness Granted to


Adolescent [Section 70]:
An adolescent who has been granted a certificate of fitness to work as
an adult, would be deemed to be an adult and all provisions of the
Factories Act relating to adult workers would apply to him.
No female adolescent or a male adolescent who has not attained the
age of seventeen years but who has been granted a certificate of
fitness to work in a factory as an adult shall be required or allowed to
work in any factory except between 6 A.M. and 7 P.M.

An adolescent who has not been granted a certificate of fitness to


work in the factory as an adult shall be deemed to be a child for the
purposes of the Act.

Provision # 5. Working Hours for Children [Section 71]:


No Child can be employed or permitted to work in any
factory:
(1) For more than four and a half hours in any day;

(2) During the night i.e., a period of at least twelve consecutive hours
including the interval between 10 p.m. and 6 a.m.

(3) On any day on which he has already been working in any other
factory.

The period of work of all children employed in a factory shall be


limited to two shifts. Such shifts shall not overlap or spread over more
than five hours. Each child must be employed in only one of the relays
which must not be changed more frequently than once in thirty days,
except with the previous permission in writing of the Chief Inspector.

Provision relating to weekly holidays for adults under section 52 will


also apply to child workers. No child can be required or allowed to
work in any factory on any day on which he has already been working
in another factory.

No female child shall be required or allowed to work in any factory


except between 8 A.M. and 7 P.M.

Provision # 6. Notice of Periods of Work for Children [Section


72]:
Every factory must display and correctly maintain a notice of periods
work for children. Such notice should show clearly the periods during
which children may be required or allowed to work. The periods
shown in the notice shall be fixed beforehand as per section 61
regarding period of work for adults, but there shall be no
contravention of the provisions of section 71.

Provision # 7. Register of Child Workers [Section 73]:


The manager of every factory in which children are employed shall
maintain a register of child workers showing:
(a) The name of each child worker in the factory

(b) The nature of his work

(c) The group in which he is included

(d) Where his group works on shifts, the relay to which he is allotted

(e) The number of his certificate of fitness


Provision # 8. Hours of work to Correspond with Notice Under
Section 72 and Register Under Section 73 [Section 74]:
No child shall be employed in any factory otherwise than in
accordance with the notice of periods of work for children displayed in
the factory and the entries made before hand against his name in the
register of child workers of the factory.

Provision # 9. Power to Require Medical Examination


[Section 75]:
An inspector has power to server a notice on the manager of the
factory asking him for the medical examination of the young person
who works in a factory either without a certificate of fitness, or with a
certificate of fitness but is no longer fit to work in that capacity.

Such a young person, shall not, if the inspector so directs, be


employed or permitted to work in any factory until he has been
granted certificate of fitness or fresh certificate of fitness as the case
may be or has been certified by the certifying surgeon examining him
not to be a young person.

Provision # 10. Power to make Rules [Section 76]:


This section authorises the state Government to make rules.

Provision # 11. Provisions relating to Safety of Young


Persons:
The provisions relating to the safety of young persons are scattered
through the Act, but for the convenience of the readers are
summarised as under:
1. No young person shall be allowed to clean, lubricate, or adjust any
part of the machinery while it is in motion if it is likely to expose him
to risk of injury from any moving part (Section 22).

2. No young person shall work at any dangerous machine unless:

(a) He has been fully instructed as to the dangers arising in


connection with the machine and the precautions to be observed, and

(b) He has received sufficient training in work at the machine or is


under adequate supervision by a person who has a thorough
knowledge and experience of the machine (Section 23).

3. No child shall be employed in any part of a factory for pressing


cotton in which a cotton-opener is at work. This prohibition may be
relaxed in certain cases (Section 27).

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